Alabama Court Affirms that Marking Can Establish Timberland Adverse Possession
By: Aaron McLeod, Adams & Reese
On April 11, 2025, the Alabama Court of Civil Appeals issued an opinion in Rayonier Forest Resources, LP v. Hudson, CL-2025-0003, in which it clarified Alabama law on how timberland owners and management companies can establish boundaries and prove adverse possession as part of a boundary-line dispute.
Timberland owners can establish property boundaries and prove adverse possession in Alabama by consistently marking and maintaining boundary lines, such as using painted trees and signage, even if the land is not actively harvested, as long as that use is consistent with the nature of the land.
The chief issue in the case concerned whether Rayonier had shown adverse possession of a disputed portion of property along the boundary with its neighbor. The plaintiffs alleged that Rayonier had not adversely possessed the land because it had not harvested the timber on the disputed low-lying tract. Rayonier was able to prove at trial that it had managed its property by painting trees and posting signs along what it believed was its property line and had done so for over 20 years, but the trial court held this was insufficient to establish adverse possession.
